Commissioner of Oaths – Pardon Québec

Role

Some sections of the legislation require a person to take an oath before testifying or signing a document in order to confirm their credibility. In addition, a person who takes an oath to deceive or lie is liable to be charged with perjury under the appropriate penal code. In Quebec, the Commissioner of Oaths is appointed by the Minister of Justice for a renewable period of three years. The role of such a Commissioner is to administer oaths in cases where the oath is required by law.

What do you mean by a Solemn Declaration or an Oath?

• An oath is taken when a person, sworn by the contents of a document, declares it to be true and accurate.
• A statutory declaration is made when a person declares the contents of a document to be true and accurate.
• Both an oath and a statutory declaration have a similar legal effect.
• A person must make a statutory declaration or take an oath before the Commissioner of Oaths.
• • Taking an oath does not imply legal advice.

Power and Restrictions

Commissioners of Oaths may:

• Administer oaths in Quebec (and outside of Quebec, if authorized) in cases or for procedures intended solely for Quebec.
• Charge a maximum of $5 for each oath.

The Commissioners of Oaths may not:

• Administer oaths to immediate family members (mother, father, sisters, brothers, spouse or children).
• Certify documents as originals or as true to the original since they cannot be appointed to perform such a function. They can only administer oaths in cases permitted by law. At most, the Commissioners may swear oaths to persons who have submitted copies of documents which they have declared to be original. However, such a declaration does not confer any authentic value on the documents, since such a power of attribution belongs only to the custodian of the original document, for example, the notary of a will or the civil registrar for a birth certificate.

Responsibilities

The Commissioner of Oaths is only responsible for administering oaths to people in cases where required by law. He or she does not need to verify the contents of the document, which belongs only to the person who took an oath to know.

The Commissioner of Oaths may refuse to administer the oath for the following reasons:

• The document does not meet the required standards
• The document is filled with glaring errors or gross claims
• The person to be sworn in is unable to express his or her wishes

What do you need to know?

• Bring a valid government-issued photo ID (driver’s license, passport, etc.) to verify your identity.
• Sign the documents AFTER your identity has been verified. Otherwise, do not sign any documents or forms.
• Complete all the paperwork before meeting with the Commissioner of Oaths without putting the dates or signatures.
• Bring all original documents and a copy to the meeting.

The Office of the Commissioner of Oaths during COVID-19

If you would like to book an appointment (remotely) with a Commissioner of Oaths during these challenging times of the pandemic, please email us at: commissaire@pardonquebec.ca with electronic copies of your documents, as well as a valid government-issued photo ID (passport, driver’s license, etc.) in order to verify your identity. In addition, in order to obtain the services, remotely, of a Commissioner of Oaths, you must be able to use a video-conferencing platform such as Googlé Meet or Zoom, on your smartphone, tablet or computer.

To find out more about our prices, contact us at commissaire@pardonquebec.ca

FAQ

Quel est le rôle d’un Commissaire à l’Assermentation au Québec ?

The role of a Commissioner of Oaths is to administer oaths in cases where the oath is required by law, thereby confirming the credibility of a statement or document.

Quelle est la différence entre une Déclaration Solennelle et un Serment ?

An oath is taken when someone swears by the contents of a document, claiming that it is true and accurate. A statutory declaration is made to declare that the contents of a document are true and accurate. Both have similar legal effect and must be performed before a Commissioner of Oaths.

Quels sont les pouvoirs et les restrictions d’un Commissaire à l’Assermentation ?

A Commissioner of Oaths can administer oaths in Quebec (and outside, if authorized) and charge up to $5 for each oath. However, he cannot administer oaths to members of his immediate family or certify documents as originals.

Quelles sont les responsabilités d’un Commissaire à l’Assermentation ?

The responsibilities of a Commissioner of Oaths include administering oaths to individuals in cases where required by law. They are not required to verify the contents of the document, but may refuse to administer the oath if the document does not meet the required standards or if there are glaring errors.

Comment obtenir les services d’un Commissaire à l’Assermentation pendant la pandémie de COVID-19 ?

To book a remote appointment with a Commissioner of Oaths during the pandemic, email commissaire@pardonquebec.ca with electronic copies of your documents and a valid government-issued ID. You’ll also need to be able to use a video conferencing platform such as Google Meet or Zoom.